Appeal No. 1995-2036
Application 07/920,009
prior art compositions disclosed by Fromuth “do not necessarily or inherently possess the
characteristics of his claimed product.”
The rejection of claims 26 through 29 under 35 U.S.C. §§ 102/103 as anticipated
by or, in the alternative, unpatentable over Fromuth, is affirmed.
CLAIMS 3, 4, 9 THROUGH 11, 16, 17, AND 21 THROUGH 25
Claims 3, 4, 9 through 11, 16, 17, and 21 through 25, however, stand on different
footing. These claims require a relatively high amount of aromatic polycarbonate resin in
the polymeric blend. For example, see illustrative claim 23, reproduced above, which
recites “about 15 % by weight of an aromatic polycarbonate resin.” As previously
discussed, the invention disclosed by Fromuth is a thermoplastic composition containing
about 1 to 8 percent by weight of aromatic polycarbonate. In our judgment, Fromuth's
thermoplastic compositions containing about 1 to 8 percent by weight of aromatic
polycarbonate would not have suggested the compositions recited in claims 3, 4, 9 through
11, 16, 17, and 21 through 25 which require at least about 15 parts by weight or about 15
percent by weight of an aromatic polycarbonate resin. The examiner has not established
that a person having ordinary skill in the art would have been led from “here to there,” i.e.,
from the thermoplastic polyester compositions of Fromuth containing a relatively low
amount of aromatic polycarbonate (about 1 to 8 percent by weight) to the thermoplastic
compositions in claims 3, 4, 9 through 11, 16, 17, and 21 through 25 containing a relatively
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